73351018Q0015_-_0001.pdf

(x)

73351018Q0015 x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

DENVER CO 80202

208050

SUITE 301

721 19TH STREET

DENVER FINANCE CENTER

DENVER ACQUISITION OFFICE FOR SBA

04/05/20180001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

03/29/2018

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this Amendment is as follows:

1. Extend the Solicitation Response due Date to April 16, 2017 @ 1700 EST.

2. Post Questions and Answers

3. Post corrected Solicitation (6 portals will be required not 5 as originally stated in the solicitation)

See updated solicitation below.

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Pedro Arritola

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

208050

SUITE 301

721 19TH STREET

DENVER FINANCE CENTER

DENVER ACQUISITION OFFICE FOR SBA

CODE 16. ADMINISTERED BYCODE

X

X

561611

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR208050

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

04/11/2018 1700 ET

03/29/2018

303-844-7993Pedro Arritola (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

73351018Q0015

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 66 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

DENVER CO 80202

TELEPHONE NO.

17a. CONTRACTOR/

SEE PWS FOR PLACE OF PERFORMANCE

15. DELIVER TO

DENVER CO 80202

SUITE 301

721 19TH STREET

DENVER FINANCE CENTER

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$20.5

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

DENVER ACQUISITION OFFICE FOR SBA

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This is a combined synopsis solicitation for Fingerprinting Channeler Services for a Single Award Firm Fixed Price Indefinite Delivery/Indefinite Quantity (IDIQ) contract with one base year and four option years. Please see the Performance Work statement within this solicitation for a complete description of the requirements. This solicitation is strictly reserved for businesses that are Federal Bureau of Investigation (FBI) Approved Channelers with online portal access for Criminal History Record

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Pedro Arritola

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Information (CHRI); Socioeconomic Set-Aside:

Unrestricted. No other Offerors will be considered without such criteria being met at the time of Award.

See Section J for any Attachments that may apply to this solicitation/contract.

See section L for Solicitation response

Instructions

See Section M for Evaluation Factors for Award

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

66 2 of

SECTION B: Supplies or Services/Prices

B.1 The Government anticipates ordering on an as needed basis depending on the Government’s requirement.

B.2 Ordering Instructions: (Reference 52.216-18) Individual Task Orders will be issued on an as needed basis during the period of performance of the IDIQ contract.

B.3 The services to be furnished under this contract will be ordered by issuance of Task Orders by the individuals or activities designated in this contract. (Warranted SBA Contracting Officers)

B.4 Orders may be issued from date of contract award until the last day of the basic contract period and any options exercised. The total term of the contract, including options, may not exceed five years. The maximum value of the IDIQ contract will not exceed $800,000.00 thousand over the life of the contract.

B.5 All Task Orders are subject to the terms and conditions of this contract. In the event of conflict between a Task Order and this contract, the contract will govern. The Government reserves the right to incorporate additional clauses, as appropriate, into individual Task Orders solicitations and awards.

B.6 Minimum & Maximum Orders: The guaranteed minimum for the initial fiscal year in which this contract is awarded is $1,000.00. The maximum shall be: $800,000.00 per Awardee.

Base Year Period of Performance: TBD After Award

CLIN DESCRIPTION Unit Unit Price

0001 FBI Approved Channeler Services IAW Statement of Work for the Office of Capital Access, Office of Surety Guarantees Government Contracting and Business Development, and Office of Investment

Per Transaction

0002 FBI Approved Channeler Services IAW Statement of Work for the Office of Disaster Assistance

Option Year1 Period of Performance: TBD After Award

1001 FBI Approved Channeler Services IAW Statement of Work for the Office of Capital Access, Office of Surety Guarantees Government Contracting and Business Development, and Office of

1002 FBI Approved Channeler Services IAW Statement

Option Year 2 Period of Performance: TBD After Award

2001 FBI Approved Channeler Services IAW Statement of Work for the Office of Capital Access, Office of

Surety Guarantees Government Contracting and Business Development, 2002 FBI Approved Channeler

Option Year 3 Period of Performance: TBD After Award

3001 FBI Approved Channeler Services IAW Statement of Work for the Office of Capital Access, Office of Surety Guarantees Government Contracting and Business Development, 3002 FBI Approved Channeler Services IAW Statement

Option Year 4 Period of Performance: TBD After Award

4001 FBI Approved Channeler of Work for the Office of Capital Access, Office of Surety Guarantees Government Contracting and Business Development, 4002 FBI Approved Channeler Services IAW Statement

SECTION C: Description/Specifications

PERFORMANCE WORK STATEMENT (PWS)

FOR

FBI Channeling Services

FOR

Small Business Administration, Office of Capital Access

1.0 SCOPE

The Small Business Administration (SBA) is looking to establish a contract for FBI Channeling Services. SBA will utilize an FBI-approved Channeler to provide electronic live scan fingerprint submissions, of all SBA customers requiring finger prints, with all necessary information to be sent to the Criminal Justice Information Services (CJIS) Division of the FBI for a National Identity History Summary check. SBA will receive the results of the Identity History Summary check electronically. SBA customers are government contracting program applicants, loan applicants and lenders or other organizations that participate with SBA in these programs. SBA has determined that the best method for obtaining secure finger prints is to use an FBI-approved Channeler for these services as FBI does not permit non-approved contractors to perform this service.

2.0 BACKGROUND

The Office of Capital Access along with the Office of Personnel Security are working together on the role of SBA Form 912/1081 and 2182 processing. SBA performs SBA Form 912/1081/2182 (Statement of Personal History) reviews, including requesting FBI criminal background checks via fingerprinting, in order to determine eligibility for SBA financial and government contracting programs.

3.0 PERIOD OF PERFORMANCE

The POP shall be from the date of award for a one (1) twelve (12) month base period-year period, and four (4) consecutive twelve (12) month option years.

4.2 PLACE OF PERFORMANCE

Contractor will work from their established place of business in the Continental United States.

5.0 DELIVERABLES

Channeler will provide the CHRI via secure web portal to the SBA within an average of 24 business hours. The CHRI will be uploaded to one of six (6) portals in PDF format.

Channeler will create and maintain six (6) designated separate and secure portals for the SBA program offices that utilize fingerprint checks for loan/program participation. (1) Office of Capital Access 912, (2) Office of Capital Access 1081, (3) Office of Surety Guarantees, (4) Office of Disaster Assistance, (5) Office of Investments, and (6) Government Contracting and Business Development

The Channeler must provide a SBA Accepted system for identification of portals. The Channeler will upload the Criminal History Record Information (CHRI) results to the appropriate portal based on the program office identified.

Channeler must provide results of the CHRI on average within 24 business hours from receipt of the electronic live scan from the applicant. The CHRI must be available to SBA from the Channeler’s secure web portal. All offerors must provide access to the CHRI from a secure web portal in order to submit a responsive offer.

Once results are retrieved by the SBA from the Channeler’s secure web portal, the contractor is required to delete all CHRI in its possession per the FBI CJIS Outsourcing Security Policy. Contractor performance must comply with all aspects of this policy.

Channeler will provide training to SBA authorized personnel on how to use the secure portals.

5.1 SERVICE DELIVERY SUMMARY

Fingerprints must go directly from the livescan locations to the Channeler. The Channeler will send the fingerprints to the FBI electronically, and the FBI will return the results of the CHRI to a secure web portal for dissemination to the authorized recipient (SBA). SBA will retrieve the information from the Channeler’s secure web portal.

The Vendor shall provide a Quality Control Plan (QCP) with their proposal for review.

Upon award the QCP shall be provided two business days prior to kick-off meeting: A Contractor provided, written document addressing all necessary measures taken by the Contractor to assure that the security and quality of the end product or service shall meet contract requirements.

Channeler will provide fingerprint results within 24 business hours per fingerprint submission.

Channeler will utilize the six (6) separate portals for the delivery of the CHRI, for the program offices detailed under the requirements.

Channeler will inform SBA via written notification to the CO of any system changes, or modifications 30 business days prior to action.

Channeler will inform SBA via written notification to the CO of any security breaches 10 business days after breach occurs.

Deliverable Frequency/Due date

Medium/Format Submit To

Contractors Quality Control Plan (QCP)

NLT two (2) business days prior to kick-off meeting.

Written notification CO/COR

Channeler will provide fingerprint Criminal History Record Information (CHRI) results.

24 business hours turn around per fingerprint submission.

Electronic submission

COR

Channeler will utilize the five (6) separate portals for the delivery of the CHRI for the program offices detailed under the requirements.

At kick-off meeting

Written notification CO/COR

Channeler will inform SBA of any system changes, or modification.

Notification provided in writing no later than ten business (10) days prior to action.

Written notification CO/COR

Channeler will inform SBA of any s security breaches.

Notification provided within ten business

(10) days after breach occurs.

Written notification CO/COR

Channeler will provide training to SBA authorized personnel on how to use the secure portals.

Due date will be coordinated by the COR once training needs are identified.

Electronic/teleconfer ence or web based training.

COR

6.0 PERFORMANCE REQUIREMENTS SUMMARY

• Must be an FBI -Approved Channler and provide documentation of good standing with the FBI as a channeler.

• Channeler must be able to securely receive, collect, transmit, and store electronic live scan fingerprint records through an approved FBI and SBA secured system to protect Personally Identifiable Information (PII).

• Channeler will provide fingerprint results within 24 business hours per fingerprint submission.

• Channeler must have an FBI compliant automated process from taking the applicant’s fingerprints at live scan location to submission to the FBI. SBA will not receive fingerprints prior to collection by the channeler for processing.

• Channeler must submit all finger prints electronically to the FBI for processing of the

CHRI.

• Channeler must have nationwide electronic live scan capabilities including Alaska, Hawaii, Puerto Rico, and U.S. Virgin Island.

• Channeler must provide technical support to SBA and SBA customers as needed, when obtaining and submitting fingerprints.

• Channeler network servers must be located in the Continental United States.

Channeler must have a disaster recovery site to ensure continuous services to SBA and SBA customers located in the Continental United States.

Performance Objective

Performance Standard

Acceptable Quality Level

(AQL)

Monitoring Method

Incentive

Maintain approved FBI secured system.

Channeler must be able to securely

100% COR will monitor and oversee via

Past

Ratings receive, collect, transmit, and store electronic live scan fingerprint records through an approved FBI secured system.

Periodic Inspection

Quarterly

Provide results of the CHRI in a timely manner.

Channeler must provide results of the CHRI on average within 24 business hours from receipt of the electronic live scan from the applicant.

95% COR will monitor and oversee via Periodic Inspection

Monthly

Past Performance Ratings

Capability to provide paper, ink and roll cards, when unforeseen circumstance arise.

Channeler must have capabilities to provide paper, ink and roll cards, when unforeseen circumstance arise, and must be able to securely receive, collect, transmit, and store electronic live scan fingerprint records through an approved FBI secured system.

80% COR will monitor and oversee via Periodic Inspection

Monthly

Past Performance Ratings

Electronic fingerprint

Channeler must submit all

95% COR will monitor and

Past submissions. fingerprints electronically from the live scan location to the FBI for processing of the CHRI.

oversee via Periodic Inspection

Monthly

Ratings

Nationwide electronic live scan capabilities.

Channeler must have nationwide electronic live scan capabilities including Alaska, Hawaii, Puerto Rico, and U.S.

Virgin Island.

100% COR will monitor and oversee via Periodic Inspection

Monthly

Past Performance Ratings

Technical Support assistance capabilities.

Channeler must provide technical support to SBA and SBA customers as needed, when obtaining and submitting fingerprints.

80% COR will monitor and oversee via Periodic Inspection

Monthly

Past Performance Ratings

Channeler disaster recovery capabilities.

Channeler network servers must be located in the Continental United States.

Channeler must have a disaster recovery site to ensure continuous services to SBA and SBA customers located in the Continental United States.

100% COR will monitor and oversee via Periodic Inspection

Quarterly

Past

Ratings

7.0 INSPECTION/SURVEILLANCE AND ACCEPTANCE

The COR will perform quality assurance by using the Government prepared Quality Assurance Surveillance Plan (QASP) in conjunction with the Contractor’s approved

QCP.

a. Contractor performed inspections are independent of those performed by the COR. The Contractor shall perform all inspections prior to requesting acceptance of the work by the COR.

b. COR surveillance of tasks may occur at any time during the POP of this contract.

The Government will record all surveillance observations. When an observation indicates defective performance, the COR will notify the Contractor electronically. The Contractor's representative shall initial the observation documentation which does not necessarily constitute concurrence with the observation, only acknowledgment.

c. Final Government inspection and acceptance of all work performed, reports and other deliverables will be performed at the place of delivery designated by the COR. Deliverables shall be submitted with page and line numbers so that the Government may provide written comments and/or revisions for corrections that are easily identified and tracked by both parties.

d. General acceptance criteria or quality measures as set forth below will be applied to each deliverable and other work product received from the Contractor under this PWS.

e. Accuracy - All items shall be accurate in presentation, technical content, and adherence to accepted elements of style including grammar and spelling.

f. Clarity - All items shall be concise and clear at every level of distribution. Any and all diagrams shall be easy to understand and be relevant to the supporting narrative.

g. Consistency to Requirements – All work products must satisfy the requirements of this PWS.

h. File Editing – All text and diagrammatic files shall be editable by the Government.

i. Format – Items shall be submitted in the format as directed by the COR.

j. Content – Items shall provide sufficient information and detail to document thoroughly the topic being covered, be self-explanatory and able to stand on their own merit.

k. Timeliness – Deliverables shall be submitted on or before the due date specified in this PWS.

8.0 CONTRACTOR QUALITY CONTROL PLAN (QCP)

The Contractor shall establish and maintain a complete QCP to ensure the requirements of the contract are provided as specified. One (1) copy of the Contractor’s QCP shall be provided to the COR at the kick-off meeting. An updated copy shall be provided to the COR as changes occur.

The plan shall include:

a. An inspection system covering all the support provided by the Contractor. It shall specify the areas to be inspected on both a scheduled or unscheduled basis, how often inspections are accomplished, and the title of the individuals who shall perform the inspection.

b. The methods for identifying and preventing defects in the quality of support performed before the level of performance becomes unacceptable.

c. Provisions that those records are maintained by the Contractor’s local office on all inspections conducted by the Contractor and necessary corrective actions taken.

This documentation shall be made available to the Government during the term of the contract.

d. Corrective Actions. At any time, it is determined by the CO, that the quality control system, personnel qualifications, internal controls are not providing results which conform to contract requirements; action shall be taken by the Contractor to correct such deficiencies, e.g., replacement of personnel, additional quality control inspections, or revision of the QCP.

9.0 GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

The Contractor’s performance under this contract shall be evaluated by the Government in accordance with the QASP. The QASP describes how surveillance of the performance standards will be conducted, the frequency of surveillance, and the minimum Acceptable Quality Levels (AQL). When an observance indicates defective performance, the COR will notify the Contracting Officer and the Contractor and document the observation in accordance with the QASP.

10.0 TRAVEL

Travel not required.

11.0 OTHER DIRECT COSTS

None

12.0 GOVERNMENT FURNISHED PROPERTY AND SERVICES

No Government furnished property or services will be applicable for this requirement.

13.0 SECURITY

All information collected, transferred and stored under this contract contains Personally Identifiable Information (PII) that is protected under the Privacy Act of 1974. The Channeler must adhere to all FBI policies of protection and will ensure compliance to SBA policies for the duration of this contract. The Channeler must ensure the secure storage of all data and will grant secure access to this data by SBA personnel as requested by SBA.

SECTION D: Packaging and Marking

D.1 Not Applicable

SECTION E: Inspection and Acceptance

E.1 The contractor shall only tender for acceptance those items that conform to the requirements of the Schedule in this IDIQ.

SECTION F: Deliveries or Performance

F.1 The contractor shall deliver the products and/or services on by the dates established within the individual orders.

SECTION G: Contract Administration Data

G.1 The contract will be administered by the U.S. Small Business Administration (SBA) Acquisition Office located in Denver, Colorado. The contract will be open for ordering by SBA Office of the Chief Information Officer.

G.2 The contractor shall submit requests for modifications of this contract to the CO with a copy of the request to the CO’s representative as designated in the CO’s representative appointment letter.

G.3 Contractual problems, of any nature, that may arise during the life of this contract must be handled in conformance with very specific public laws and regulations (i.e., Federal Acquisition Regulation). Only the CO is authorized to formally resolve such problems. Therefore, the contractor is hereby directed to bring all such contractual problems to the immediate attention of the CO.

G.4 Request for information on matters related to this contract, such as explanation of terms and contract interpretation, shall be submitted to the CO.

G.5 Points of Contact

Contracting Officer (CO) Name: Pedro Arritola-Vazquez Phone No.: 303-844-7993 E-Mail Address: Pedro.Arritola-Vazquez@sba.gov mailto:Pedro.Arritola-Vazquez@sba.gov

Contracting Officer Representative (COR) Name:

Email:

Phone Number:

Contractor Point of Contact Contractor Legal Business Name:

DUNS:

Contractor POC:

E-Mail Address:

Phone Number:

Authorized Users for each Program Office Upon Award of this contract a list of authorized users from each Program Office covered under this contract shall be provided to the CO. A spreadsheet listing the authorized users shall be maintained and updated accordingly by the COR.

SECTION H: Special Contract Requirements

H.1 Ordering Instructions: (Reference 52.216-18) Individual Task Orders will be issued on an as needed basis during the period of performance of the IDIQ contract.

H.2 The services to be furnished under this contract will be ordered by issuance of Task Orders by the individuals or activities designated in this contract. (Warranted SBA Contracting Officers)

H.3 Orders may be issued from date of contract award until the last day of the basic contract period and any options exercised.

H.4 Order Administration: A Contracting Officer’s Representative (COR) will be designated by the Contracting Officer. The COR shall maintain a monthly usage record by office to track volume of calls and dollar expenditure.

H.5 Task Order Expenditure of Funds: For each Task Order the COR shall be in communication with the vendor to monitor expenditure of funds. The Contractor shall provide notification to the CO when each task order reaches 85% expenditure of funds.

SECTION I: Contract Clauses

I.1 52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative—

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) above, the Government is entitled—

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

(End of Clause)

I.2 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING

PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEPT

2007)

(a) Definitions. As used in this provision—"Lobbying contact" has the meaning provided at 2 U.S.C. 1602(8). The terms "agency," "influencing or attempting to influence," "officer or employee of an agency," "person," "reasonable compensation," and "regularly employed" are defined in the FAR clause of this solicitation entitled "Limitation on Payments to Influence Certain Federal Transactions" (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled "Limitation on Payments to Influence Certain Federal Transactions" (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

(End of Provision)

I.3 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (OCT 2010)

(a) Definitions. As used in this clause— "Agency" means executive agency as defined in Federal Acquisition Regulation (FAR) 2.101.

"Covered Federal action" means any of the following actions:

(1) Awarding any Federal contract.

(2) Making any Federal grant.

(3) Making any Federal loan.

(4) Entering into any cooperative agreement.

(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.

"Indian tribe" and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.

"Influencing or attempting to influence" means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

"Local government" means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

"Officer or employee of an agency" includes the following individuals who are employed by an agency:

(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.

(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.

(3) A special Government employee, as defined in section 202, Title 18, United States Code.

(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.

"Person" means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

"Reasonable compensation" means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.

"Reasonable payment" means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

"Recipient" includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

"Regularly employed" means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.

"State" means a State of the United States, the District of Columbia, or an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.

(b) Prohibition. 31 U.S.C. 1352 prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal actions. In accordance with 31 U.S.C.

1352, the Contractor shall not use appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the award of this contractor the extension, continuation, renewal, amendment, or modification of this contract.

(1) The term appropriated funds does not include profit or fee from a covered Federal action.

(2) To the extent the Contractor can demonstrate that the Contractor has sufficient monies, other than Federal appropriated funds, the Government will assume that these other monies were spent for any influencing activities that would be unallowable if paid for with Federal appropriated funds.

(c) Exceptions. The prohibition in paragraph (b) of this clause does not apply under the following conditions:

(1) Agency and legislative liaison by Contractor employees.

(i) Payment of reasonable compensation made to an officer or employee of the Contractor if the payment is for agency and legislative liaison activities not directly related to this contract. For purposes of this paragraph, providing any information specifically requested by an agency or Congress is permitted at any time.

(ii) Participating with an agency in discussions that are not related to a specific solicitation for any covered Federal action, but that concern—

(A) The qualities and characteristics (including individual demonstrations) of the person's products or services, conditions or terms of sale, and service capabilities; or

(B) The application or adaptation of the person's products or services for an agency's use.

(iii) Providing prior to formal solicitation of any covered Federal action any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;

(iv) Participating in technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and

(v) Making capability presentations prior to formal solicitation of any covered Federal action by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Pub.L. 95-507, and subsequent amendments.

(2) Professional and technical services.

(i) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.

(ii) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.

(iii) As used in paragraph (c)(2) of this clause, "professional and technical services" are limited to advice and analysis directly applying any professional or technical discipline (for examples, see FAR 3.803(a)(2)(iii)).

(iv) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents.

(3) Only those communications and services expressly authorized by paragraphs (c)(1) and (2) of this clause are permitted.

(d) Disclosure.

(1) If the Contractor did not submit OMB Standard Form LLL, Disclosure of Lobbying Activities, with its offer, but registrants under the Lobbying Disclosure Act of 1995 have subsequently made a lobbying contact on behalf of the Contractor with respect to this contract, the Contractor shall complete and submit OMB Standard Form LLL to provide the name of the lobbying registrants, including the individuals performing the services.

(2) If the Contractor did submit OMB Standard Form LLL disclosure pursuant to paragraph (d) of the provision at FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, and a change occurs that affects Block 10 of the OMB Standard Form LLL (name and address of lobbying registrant or individuals performing services), the Contractor shall, at the end of the calendar quarter in which the change occurs, submit to the Contracting Officer within 30 days an updated disclosure using OMB Standard Form LLL.

(e) Penalties.

(1) Any person who makes an expenditure prohibited under paragraph (b) of this clause or who fails to file or amend the disclosure to be filed or amended by paragraph

(d) of this clause shall be subject to civil penalties as provided for by 31 U.S.C.1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.

(2) Contractors may rely without liability on the representation made by their subcontractors in the certification and disclosure form.

(f) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision.

(g) Subcontracts.

(1) The Contractor shall obtain a declaration, including the certification and disclosure in paragraphs (c) and (d) of the provision at FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, from each person requesting or receiving a subcontract exceeding $150,000 under this contract. The Contractor or subcontractor that awards the subcontract shall retain the declaration.

(2) A copy of each subcontractor disclosure form (but not certifications) shall be forwarded from tier to tier until received by the prime Contractor. The prime Contractor shall, at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor, submit to the Contracting Officer within 30 days a copy of all disclosures.

Each subcontractor certification shall be retained in the subcontract file of the awarding Contractor.

(3) The Contractor shall include the substance of this clause, including this paragraph (g), in any subcontract exceeding $150,000.

I.4 52.203-17 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER

RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (APR 2014)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(End of Clause)

I.5 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract.

The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee's employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor's employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

I.6 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION

REGARDING RESPONSIBILITY MATTERS (JUL 2013)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L.

111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIS is automatically transferred after a waiting period of 14 calendar days, except for—

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the nonpublic segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information.

The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

I.7 52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL

ITEMS (Jan 2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The https://www.acquisition.gov/

Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71,Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or…